Commonwealth Numbered Acts Commonwealth Numbered Acts(1) Division 5 of Part 2 does not apply to a public body of a State or Territory if a declaration made under subsection (2) is in force in relation to the body.
(2) The Commonwealth Minister may, in writing, declare that Division 5 of Part 2 does not apply to a public body of a State or Territory if:
(a) a Minister of the State or Territory requests, by written notice, the Commonwealth Minister to make the declaration; and
(b) the Commonwealth Minister is satisfied that a corresponding law of a State or Territory is in force in the State or Territory and the law applies to the body; and
(c) the Ministerial Council agrees to the making of the declaration.
(3) The Commonwealth Minister may, in writing, revoke a declaration made under subsection (2) in relation to a public body of a State or Territory if:
(a) a Minister of the State or Territory requests, by written notice, the Commonwealth Minister to do so; or
(b) both of the following apply:
(i) the Commonwealth Minister is satisfied that a corresponding law of a State or Territory is no longer in force in the State or Territory or no longer applies to the body;
(ii) the Ministerial Council agrees to the revocation of the declaration.
(4) A declaration under subsection (2), and a revocation of a declaration under subsection (3), are legislative instruments, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the declaration or revocation.